- 18 - respect to the entire amount of the deficiency in each of 1984, 1985, and 1987.8 With respect to petitioners’ taxable year 1988, section 6653(a)(1) would impose an addition to tax equal to 5 percent of the entire amount of an underpayment if any part of the underpayment is due to negligence or intentional disregard of rules or regulations. Respondent determined that petitioners are liable for the section 6653(a)(1) addition to tax with respect to the entire amount of the deficiency in 1988. With respect to petitioners’ taxable year 1989, section 6662(a) would impose a 20-percent accuracy-related penalty on the portion of an underpayment attributable to any one of various factors, one of which is “negligence or disregard of rules or regulations”. Sec. 6662(b)(1). The section 6662(a) penalty is not imposed on any portion of an underpayment where a taxpayer has “reasonable cause for” and “acted in good faith with respect to” such portion. Sec. 6664(c)(1). Negligence is defined as the “‘lack of due care or failure to do what a reasonable and ordinarily prudent person would do under the circumstances.’” Neely v. Commissioner, 85 T.C. 934, 947 (1985) (quoting Marcello v. Commissioner, 380 F.2d 499, 506 8The amount reflected in the notice of deficiency for the sec. 6653(a)(1)(A) addition to tax in 1987 appears to be incorrect, in that it exceeds 5 percent of the deficiency in that year. The correct calculation should be made by the parties pursuant to the Rule 155 computations.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011